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TERMS OF SERVICE FOR CONSUMER FACING SERVICES

OMYEN Corp. ("OMYEN") provides its services to financial services professionals and consumers. Services offered to financial services professionals are governed by a separate agreement that a subscribing financial professional needs to sign. Following terms of service are for consumers who may use one or more personal financial guidance tools or educational content from OMYEN. OMYEN offers these services subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. You can review the most current version of the TOS at any time at OMYEN.com. In addition, when using particular OMYEN owned or operated services, you and OMYEN shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. OMYEN may also offer other services that are governed by different Terms of Service.

DESCRIPTION OF SERVICE

OMYEN provides users with access to a rich set of personal financial education and planning capabilities through its network of properties which may be accessed through various medium or device now known or hereafter developed (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new OMYEN properties, shall be subject to the then current TOS, as updated from time to time. You understand and agree that the Service is provided "AS-IS" and that OMYEN assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and you acknowledge and agree that such access may involve third-party fees (such as Internet service provider or airtime charges).

OMYEN PRIVACY POLICY

OMYEN takes great care to protect personal information about you and when we use it, we do so with respect for your privacy. We may use personal information about you to service and maintain your user account; respond to inquiries from you or your representatives such as a financial advisor; or to fulfill legal and regulatory requirements. OMYEN may collect public and non-public personal information about you from any of the following sources:
You or your financial advisor representative via our technology platform (for example, name, zip code, birth date, assets, liabilities, income, and expenses).
You or your employer or retirement plan advisor if OMYEN provides its technology and services through them.
Other interactions with OMYEN (for example, discussions with our customer service staff, or information you enter into our websites).

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OMYEN of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that OMYEN will not be liable for any loss or damage arising from your failure to comply with these account security requirements.

MEMBER CONDUCT

You agree not to use the Service to:

  • impersonate any person or entity, including, but not limited to, a OMYEN official, forum leader on OMYEN blog, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, Financial Industry Regulatory Authority (FINRA) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • You acknowledge, consent and agree that OMYEN may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of OMYEN, its users and the public.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your OMYEN ID), use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

OMYEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OMYEN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that OMYEN may, at its sole discretion and without prior notice, terminate your OMYEN account and access to the Service. Further, you agree that OMYEN shall not be liable to you or any third party for any termination of your account or access to the Service.

OMYEN'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
OMYEN grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by OMYEN for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OMYEN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • OMYEN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMYEN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

NO LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMYEN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OMYEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

NOTICE

OMYEN may, but is not obligated to, provide you with notices, including those regarding changes to the TOS, including but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.